The Allahabad High Court ruled that petitioners can file applications under Sections 125 and 128 of the Criminal Procedure Code (CrPC) for maintenance even against a minor husband.
The court dismissed a revision petition challenging a Family Court order in Bareilly, while reducing the monthly maintenance amount by nearly half.
The petitioner, Abhishek Singh Yadav, a resident of Bareilly, married Sheela Devi on July 10, 2016. The couple had a child on September 21, 2018.
A dispute later arose, and the wife also filed a dowry harassment case at Visharatganj police station. At the time of marriage, Abhishek was reportedly 13 years old.
When he was around 16, his wife filed an application under CrPC Section 125 seeking maintenance. The Family Court, Bareilly, ordered Abhishek to pay ₹5,000 per month for his wife and ₹4,000 for the child.
Challenge and High Court Verdict
The revision petition argued that maintenance claims could not be filed against a minor directly and should only be filed through a guardian. It also claimed that the wife had refused to live with the petitioner without sufficient reason, making her ineligible for maintenance under Section 125(4).
The High Court rejected the argument and stated that applicants do not need to file maintenance claims against minors through their guardians under the CrPC.
The court noted that any capable person can file a Section 125 application if a husband refuses to provide maintenance to his wife or children, and a magistrate will determine a suitable amount after reviewing the facts.
The court observed that the petitioner’s high school certificate was not available in the lower court. While he was a minor at the time of filing, he had become an adult by the time of the judgment. Accepting that the husband was a labourer with a monthly income of ₹18,000, the High Court reduced the maintenance to ₹2,500 for the wife and ₹2,000 for the child, totalling Rs 4,500, about 25% of the petitioner’s income.
The court also ordered that authorities calculate any arrears based on the amount determined by the High Court.
The judgment cited the Supreme Court case of Rajnesh vs Neha to show that minors become liable for maintenance once they reach adulthood.
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